Ashok v. The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-02-2026

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Ashok S/o.Subramani, No.14, Kolli Medu Village, Kanniyambadi, Vellore District.

... Petitioner(s) Vs.

The Sub Inspector of Police Vellore Taluk Police Station, Vellore.

Crime No. 101 of 2025.

...Respondent(s)

PRAYER: Criminal Revision Case filed under Section 438/442 of BNSS, 2023,to set aside and modify the conditions imposed in Para 11 "(i) the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees one lakh only) before the District mines and Minerals foundation Trust, Vellore as non-refundable deposit. (ii) The petitioner shall appear and execute a personal bond for Rs.10,00,000/- (Rupees ten lakhs only) with two sureties for a like sum with solvency certificate obtained from the Thasildhar for the satisfaction of this court. (vi) The petitioner shall produce the vehicle before this court every month 1st working day till the completion of the trial" by the Learned Judicial Magistrate No.1, Vellore in Crl.M.P.No.14857 of 2025 in Crime No.120 of 2025 vide order dated 06.12.2025 and to direct the respondent herein to release the Ashok Ley Land Tipper Lorry bearing Registration No.TN 32 J 4759. For Petitioner(s):

Mr.M.R.Thangavel For Respondent(s):

Mr.R.Vinoth Raja Government Advocate (Crl. Side)

ORDER

The revision challenges the condition imposed by the learned Magistrate Page No.1/4

while returning the vehicle of the petitioner, which is said to be involved in a Crime No.101 of 2025.

2. Heard the learned Government Advocate appearing for the respondent.

3. The petitioner is aggrieved by condition Nos.11(i), 11 (ii) and 11 (vi) in the order dated 06.12.2025 passed in Crl.M.P.No.14745 of 2025 on the file of the learned Judicial Magistrate No.1, Vellore, which reads as follows: "[i] the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees one lakh only) before the District mines and Minerals Foundation Trust, Vellore as non-refundable deposit. [ii] The petitioner shall appear and execute a personal bond for Rs.10,00,000/- (Rupees ten lakhs only) with two sureties for a like sum with solvency certificate obtained from the Thasildhar for the satisfaction of this court. [iv] The petitioner shall not alienate or alter the vehicle in any manner till the adjudication is over.

The petitioner shall produce the vehicle before this Court and trial Court whenever the Court ordered to produce the property. The petitioner shall produce the vehicle before this court every month 1st working day till the completion of the trial. The petitioner shall not misuse the vehicle for committing similar offence in future. The petitioner shall not dispute the identity of the property in Page No.

the photographs. The petitioner shall produce the vehicle before the authorized officer for confiscation proceedings. The petitioner shall file an undertaking affidavit to the effect."

4. This Court is of the view that condition No.11(i), directing the petitioner to make a non-refundable deposit, is onerous and unwarranted and hence the said condition is set aside.

5. As regards the second condition, this Court is of the view that the value of the vehicle is said to be Rs.5,00,000/-. Hence, the petitioner shall execute a bond for Rs.5,00,000/- (Rupees Five Lakhs Only) with two sureties for a like sum with solvency certificate obtained from the Thasildhar to the satisfaction of the Judicial Magistrate No.I, Vellore. Condition No.11(ii) is modified accordingly.

6. As regards condition No.11(vi), this Court finds no infirmity except for the part of the condition which requires the petitioner to produce the vehicle on the first working day of every month. The petitioner is directed to produce the vehicle as and when required by the Magistrate. The said condition is modified accordingly.

7. All other conditions imposed by the learned Magistrate shall remain unaltered.

8. Accordingly, this Criminal Revision Case is disposed of. Page No.3/4

13-02-2026 Mac Index:Yes/No Speaking/Non-speaking order SUNDER MOHAN J.

Mac To

1. The Judicial Magistrate No.1, Vellore 2.The Sub Inspector of Police Vellore Taluk Police Station, Vellore.

13-02-2026 Page No.4/4